Proclamation 2699—Amendments of Regulations Relating to Migratory Birds and Game Mammals

By the President of the United States of America

A Proclamation

Whereas the Secretary of the Interior has adopted and submitted to me the following amendments of the regulations approved by Proclamation No. 2616 of July 27, 1944, as amended, relating to migratory birds and game mammals included in the terms of the Convention between the United States and Great Britain for the protection of migratory birds concluded August 16, 1916, and the Convention between the United States and the United Mexican States for the protection of migratory birds and certain game mammals concluded February 7, 1936:

AMENDMENTS OF MIGRATORY BIRD TREATY ACT REGULATIONS ADOPTED BY THE SECRETARY OF THE INTERIOR

Under authority and direction of the Migratory Bird Treaty Act of July 3, 1918 (40 Stat. 755), and Reorganization Plan II, effective July 1, 1939 (53 Stat. 1431), I, J.A. Krug, Secretary of the Interior, having due regard to the zones of temperature and to the distribution, abundance, economic value, breeding habits, and times and lines of migratory flight of migratory birds included in the terms of the Convention between the United States and Great Britain for the protection of migratory birds, concluded August 16, 1916, and the Convention between the United States and the United Mexican States for the protection of migratory birds and game mammals, concluded February 7, 1936, have determined when, to what extent, and by what means it is compatible with the terms of the said Act and conventions to allow the hunting, taking, capture, killing, possession, sale, purchase, shipment, transportation, carriage, exportation, and importation of such birds and parts thereof and their nests and eggs, and in accordance with such determinations, do hereby amend as follows the regulations approved by Proclamation No. 2616 of July 27, 1944, as last amended by Proclamation No. 2658 of July 31, 1945, and as so amended do hereby adopt such regulations as suitable regulations, permitting and governing the hunting, taking, capture, killing, possession, sale, purchase, shipment, transportation, carriage, exportation, and importation of such migratory birds and parts, nests, and eggs thereof:

Regulation 4, "Open Seasons on and Possession of Certain Migratory Game Birds", is amended to read as follows:

Waterfowl (except wood ducks in Arizona, Colorado, Kansas, Massachusetts, Nebraska, Nevada, North Dakota, Utah, and Wyoming; Canada geese, including Hutchins and cackling geese, and white-fronted geese in Minnesota, Wisconsin, Michigan, Iowa, Illinois, Indiana, Ohio, Missouri, Kentucky, Tennessee, Arkansas, Louisiana, Mississippi, and Alabama; snow geese in Beaverhead, Gallatin, and Madison Counties in Montana, in Idaho, Wyoming, and in States bordering on the Atlantic Ocean; Ross' geese; and swans), coots, rails, and gallinules may be taken each day from one-half hour before sunrise to one-half hour before sunset, and woodcocks, mourning or turtle doves, white-winged doves, and band-tailed pigeons from one-half hour before sunrise to sunset, except as otherwise provided in this regulation, during the open seasons prescribed herein; and may be taken by the means and in the numbers permitted by regulations 3 and 5 hereof, and when so taken may be possessed in the numbers permitted by regulation 5 during the period constituting the open season where taken and for an additional period of 90 days next succeeding said open season, except as prohibited by State law.

Nothing herein shall be deemed to permit the taking of migratory birds on any reservation or sanctuary established under the Migratory Bird Conservation Act of February 18, 1929 (45 Stat. 1222), or on any area of the United States set aside under any other law, proclamation, or Executive order for use as a bird, game, or other wildlife reservation, breeding ground, or refuge except so far as may be permitted by the Secretary of the Interior under existing law, or on any area adjacent to any such refuge when such area is designated as a closed area under the Migratory Bird Treaty Act.

Waterfowl and Coot. - The open seasons on waterfowl and coot (except wood ducks in Arizona, Colorado, Kansas, Massachusetts, Nebraska, Nevada, North Dakota, Utah, and Wyoming; Canada geese, including Hutchins and cackling geese, and white-fronted geese in Minnesota, Wisconsin, Michigan, Iowa, Illinois, Indiana, Ohio, Missouri, Kentucky, Tennessee, Arkansas, Louisiana, Mississippi, and Alabama; snow geese in Beaverhead, Gallatin, and Madison Counties in Montana, in Idaho, Wyoming, and in States bordering on the Atlantic Ocean; Ross' geese; and swans) in the several States, Alaska, and Puerto Rico shall be as follows, both dates inclusive:

Maine, Michigan, Minnesota, New Hampshire, North Dakota, South Dakota, Vermont, and Wisconsin, October 5 to November 18.

California, in San Bernardino, Riverside, and Imperial Counties, November 23 to January 6; in remainder of State, October 26 to December 9.

Colorado, Connecticut, Delaware, Idaho, Illinois (except coot in Lake and McHenry Counties), Indiana, Iowa, Kansas, Massachusetts, Missouri, Montana, Nebraska, Nevada, New Jersey. New York (except certain hereinafter designated portions of Essex, Clinton, and Washington Counties) including Long Island, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Utah, Washington, West Virginia, and Wyoming, October 26 to December 9.

New York, in Essex and Clinton Counties east of the tracks of the main line of the Delaware and Hudson Railroad and that part of Washington County east of the aforesaid tracks from the Essex County line to the village of Whitehall and north of the branch line tracks of said railroad from the village of Whitehall, New York to Fair Haven, Vermont and all the waters of South Bay and one mile distant from such water in any direction, October 5 to November 18.

Alabama, Arizona, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, New Mexico, North Carolina, South Carolina, Tennessee, and Virginia, November 23 to January 6.

Texas, on those portions of Lake Texhoma in Cooke and Grayson Counties, October 26 to December 9; in remainder of State, November 23 to January 6.

Puerto Rico, December 15 to February 12.

Alaska, in Fur Districts 1 and 3 as defined in the regulations governing the taking of game in Alaska, adopted May 15, 1944 (9 F.R. 5270), October 1 to November 14; in the remainder of Alaska, September 1 to October 15.

Provided, That scoters, locally known as sea coots, may be taken in open coastal waters only, beyond outer harbor lines, in Maine and New Hampshire from September 15 to October 4; and in Connecticut, Massachusetts, New York including Long Island, and Rhode Island, from September 15 to October 25, and thereafter from land or water during the open seasons for other waterfowl in these States.

Coot, in Lake and McHenry Counties, Illinois, October 1 to October 13 and from October 26 to December 9.

Rails and Gallinules (except coot).The open season on rails and gallinules (except coot) shall be from September 1 to November 30, both dates inclusive, except as follows:

Alabama, November 20 to January 31.

Louisiana, September 15 to December 15.

Maine and Wisconsin, October 5 to November 18.

Maryland, September 1 to October 31.

Massachusetts and New York, including Long Island, October 26 to December 9.

Minnesota, September 16 to November 30.

Mississippi, October 15 to December 30.

Puerto Rico, December 15 to February 12.

California, District of Columbia, Hawaii, Idaho, Iowa, Montana, Nevada, Oregon, Tennessee, and Washington, no open season.

Woodcock.The open seasons on woodcock shall be as follows, both dates inclusive:

Arkansas and Oklahoma, December 1 to December 15.

Connecticut, October 19 to November 2.

Delaware and Maryland, November 15 to November 29.

Georgia, Louisiana, and Mississippi, December 15 to December 29.

Indiana and West Virginia, October 16 to October 30.

Maine, in Aroostook, Penobscot, Piscataquis, Somerset, Franklin, and Oxford Counties, October 1 to October 15; in remainder of State, October 16 to October 30.

Massachusetts and New Jersey, October 20 to November 3.

Michigan, in Upper Peninsula, October 1 to October 15; in remainder of State, October 15 to October 29.

Minnesota, Ohio, Pennsylvania, and Wisconsin, October 10 to October 24.

Missouri, November 10 to November 24

New Hampshire, in Coos, Carroll, and Grafton Counties, October 1 to October 15; in remainder of State, October 16 to October 30.

New York, north and east of the tracks of the branch line of the New York Central Railroad from Oswego to Syracuse, the main line of the New York Central Railroad from Syracuse to Albany, and the main line of the Boston & Albany Railroad from Albany to the Massachusetts State line, October 10 to October 24; west and south of the line above described, October 21 to November 4; and that part of New York known as Long Island, November 1 to November 15; from 12 o'clock noon until sunset on the opening day in each of these zones, and thereafter in all of the aforesaid zones from 7:00 a.m. until sunset.

Rhode Island, November 1 to November 15.

Vermont, in Bennington and Windham Counties and those portions of Rutland and Windsor Counties south of U.S. Highway Route 4 from West Haven to White River Junction, October 16 to October 30; in remainder of State, October 1 to October 15.

Virginia, November 20 to December 4.

Mourning, or Turtle, Dove.The open seasons on mourning, or turtle, dove shall be as follows, both dates inclusive:

Arizona, California, Kansas, Missouri, and Oklahoma, September 1 to October 30.

Alabama and Louisiana, October 1 to October 15, and December 18 to January 31.

Arkansas and Mississippi, September 16 to September 30, and December 18 to January 31.

Colorado, Nevada, and New Mexico, September 1 to October 12.

Delaware and Tennessee, September 16 to November 14.

Florida, in Broward, Dade and Monroe Counties, October 1 to October 31; in remainder of State, November 20 to January 18.

Georgia, in Muscogee, Taylor, Crawford, Bibb, Jones, Baldwin, Hancock, Warren, McDuffie, and Columbia Counties and all counties north thereof, September 16 to September 30; in the above described counties and throughout the State, December 18 to January 31.

Idaho and Oregon, September 1 to September 15.

Illinois, September 1 to September 30.

Kentucky, September 1 to October 25.

Maryland, September 1 to October 15.

Minnesota, September 16 to September 30.

North Carolina, September 16 to September 30, and December 2 to January 15.

Pennsylvania, November 1 to November 30.

South Carolina, September 16 to October 15 and December 23 to January 22.

Texas, in Val Verde, Kinney, Uvalde, Medina, Kendall, Comal, Hays, Travis, Williamson, Milam, Robertson, Leon, Houston, Cherokee, Nacogdoches, and Shelby Counties, and all counties north and west thereof, September 1 to October 30; in remainder of State (but not including Cameron, Hidalgo, Starr, Zapata, Webb, Maverick, Dimmit, LaSalle, Jim Hogg, Brooks, Kenedy, and Willacy Counties), October 20 to December 18; in these latter counties, September 13, 15 and 17, from 4:00 p.m. until sunset, and thereafter, October 20 to December 13, from one-half hour before sunrise to sunset.

Virginia, September 16 to October 31.

White-winged Dove. - The open seasons on white-winged dove shall be as follows, both dates inclusive:

Arizona, September 1 to September 15.

Texas, in Cameron, Hidalgo, Starr, Zapata, Webb, Maverick, Kinney, Dimmit, LaSalle, Jim Hogg, Brooks, Kenedy, Willacy, Val Verde, Terrell, Brewster, Presidio, Jeff Davis, Culberson, Hudspeth, and El Paso Counties, September 13, 15 and 17 from 4:00 p.m. until sunset.

Band-tailed pigeon.- The open seasons on band-tailed pigeon shall be as follows; both dates inclusive:

Arizona and New Mexico, September 16 to October 15.

California, Oregon, and Washington, September 1 to September 30.

The second paragraph of Regulation 5, "Daily Bag and Possession Limits on Certain Migratory Game Birds" is amended to read as follows:

Not more than the number of such birds permitted by regulation 5 to be taken by one person in 1 day, except American and Red-breasted mergansers, or in 2 days in the case of woodcocks and ducks (except wood ducks) shall be transported by any one person in 1 calendar week out of Alaska, Puerto Rico, or the State where taken, or from Canada or Mexico into the United States.

The fifth paragraph of Regulation 6 is amended to read as follows:

Migratory Game Birds Imported From Countries Other Than Canada and Mexico.Migratory game birds of a species on which open seasons are prescribed by regulation 4, legally taken in and exported from a foreign country (other than Canada and Mexico, for which provision is hereinbefore made) may be transported by any one person in 1 calendar week in numbers not exceeding those permitted by regulation 5 to be taken by one person in 1 day, except American and red-breasted mergansers, or in 2 days in the case of woodcocks, and ducks (except wood ducks) to any State, Alaska, or Puerto Rico during the open season prescribed by said regulation 4 for such State, Alaska, or Puerto Rico on that species, and to the District of Columbia during the open season so prescribed for Maryland, and may be possessed in such State, Alaska, or Puerto Rico, or the District of Columbia for an additional 90 days immediately succeeding such open season, if transportation and possession of such birds are not prohibited by such State, Alaska, or Puerto Rico and if transported in packages marked as hereinbefore provided.

In Witness Whereof, I have hereunto subscribed my name and caused the seal of the Department of the Interior to be affixed, this 31st day of July, 1946.

J. A. KRUG,

Secretary of the Interior.

And Whereas upon consideration it appears that approval of the foregoing amendments will effectuate the purposes of the aforesaid Migratory Bird Treaty Act:

Now, Therefore, I, Harry S. Truman, President of the United States of America, under and by virtue of the authority vested in me by section 3 of the said Migratory Bird Treaty Act of July 3, 1918, do hereby approve and proclaim the foregoing amendments.

In Witness Whereof, I have hereunto set my hand and caused the seal of the United States of America to be affixed.

Done at the City of Washington this 8th day of August in the year of our Lord nineteen hundred and forty-six, and of the Independence of the United States of America the one hundred and seventy-first.

HARRY S. TRUMAN

By the President:

DEAN ACHESON,

Acting Secretary of State.